High Court Kerala High Court

T.K.Shaduli vs Thalassery Municipality on 17 December, 2009

Kerala High Court
T.K.Shaduli vs Thalassery Municipality on 17 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19232 of 2009(Y)


1. T.K.SHADULI, AGED 52 YEARS,
                      ...  Petitioner
2. A.P.ZEENATH, SHAKKHAZ, 5TH MILE,

                        Vs



1. THALASSERY MUNICIPALITY,
                       ...       Respondent

2. SECRETARY,

3. MUNICIPAL ENGINEER,

                For Petitioner  :SRI.K.ABDUL JAWAD

                For Respondent  :SRI.I.V.PRAMOD

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :17/12/2009

 O R D E R
           THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                    W.P(C).No.19232 OF 2009
                  -------------------------------------------
           Dated this the 17th day of December, 2009


                              JUDGMENT

The petitioner applied for building permit. That application

was rejected s per Ext.P1 on ground that the land in question is

earmarked for acquisition for the purpose of a bus stand in terms

of the DTP scheme and for development of a road junction in

terms of that scheme and therefore, no construction activity

could be permitted. The petitioner’s predecessor had earlier

obtained Ext.P2 judgment in relation to the property in question.

Notwithstanding that, it needs to be noted that no acquisition

proceedings have been initiated, either in terms of the Land

Acquisition Act or in terms of the Town Planning Act and without

such acquisition proceedings having been initiated within a

reasonable time, the grounds stated in the impugned Ext.P1 do

not survive in view of the judgments of this Court in Padmini v.

State of Kerala [1999 (3) KLT 465] and in Francis v.

Chalakudy Municipality [1999 (3) KLT 560 (FB)]. Accordingly,

WPC.19232/09

2

Ext.P1 is quashed and it is directed that the application of the

petitioner will be taken up and considered in accordance with

law, within a period of five weeks from the date of receipt of a

copy of this judgment. The writ petition is ordered accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.21/12.